NCJ Number
82150
Editor(s)
P J Carre,
A A Ntephe,
H C Trainor
Date Published
1981
Length
302 pages
Annotation
This collection embodies the collective experience of members of the appellate bench and bar on diverse facets of modern appellate practice.
Abstract
Articles in the volume are arranged to correspond to the stages of the appellate process, from the creation of the record for appeal through oral argument. Topics of the works include the function of the appellate courts, the decision to appeal, appellate procedures, the decisionmaking process, recurrent issues on appeal, and creating and preserving a record. Also addressed are procedural requirements, the art of brief writing, and the techniques of effective research and writing. The work concludes with six articles which focus on oral argument. Two themes run through the book. First, effective appellate practice includes more than appellate advocacy. It is not possible to reach the advocacy stage of a case unless the record has been properly preserved, perfected, and protected. Second, appellate advocacy is an art, not a science. Once the advocacy stage of an appeal has been reached, appellate counsel cannot merely follow a prescribed formula for successful case resolution. The collection includes a bibliography of over 400 references, 2 appendixes, and 6 exhibits.